Tenant Ordered to Pay Bond for Damages
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $1,031.76 from the bond for damages and cleaning costs at the end of the tenancy. The landlord provided photos showing that the carpets were stained and needed professional cleaning.
⚖️ Legal holding
A tenant is responsible for leaving the premises reasonably clean and tidy and removing all rubbish at the end of the tenancy.
📖 What the law says
This section states that a tenant must keep the rented property reasonably clean and tidy. When the tenancy ends, the tenant must leave the property in a reasonably clean and tidy condition and remove all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord $1,031.76 from the bond for damages and cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $1,031.76 from the bond for damages and cleaning costs at the end of the tenancy. The landlord provided photographic evidence showing that the carpets were stained and required commercial cleaning.
📚 Full judgment Official document
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[2025] NZTT 5228331
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
2. [NAME] and [NAME] to pay [The landlord/s] $1,031.76 from the bond, calculated as shown in table below.
3. The Bond Centre is to pay the bond of $1,280.00 ([Bond number suppressed]) immediately apportioned as follows:
[The landlord/s]: $1,031.76
[NAME] and [NAME]: $248.24
Description Landlord Tenant Carpet Cleaning $615.25 Cleaning: and rubbish removal $249.55 Repairs $139.96 Filing fee reimbursement $27.00 Total award $1,031.76 Bond $1,031.76 $248.24
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Reasons:
1. The landlord attended the hearing by video.
2. The tenant was called three times, but the calls were not answered and two messages were left.
3. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
4. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
5. The landlord provided photographic evidence that the tenant did not leave some areas of the premises reasonably clean and tidy and did not remove all rubbish. The evidence showed that the carpets were stained and required commercial cleaning.
6. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
7. A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
8. Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
9. Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
10. Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
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11. Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
12. The landlord provided photogrpagic evidence that there was a hole in a wall and some ceiling damage that the tenant had accepted was caused carelessly during the tenancy.
13. The amounts ordered are proved.
14. Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME] 12 June 2025
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant did not leave the premises reasonably clean and tidy.
- The tenant did not remove all rubbish at the end of the tenancy.
- The landlord provided photographic evidence showing stained carpets requiring commercial cleaning.
- The tenant accepted that some damage was caused carelessly during the tenancy.
- The landlord's claim for compensation was supported by photographic evidence.
❌ Tends to be rejected
- The tenant did not provide any counter-evidence or explanation for the condition of the premises.
- The tenant did not answer the tribunal's calls and did not attend the hearing.
- The tenant did not dispute the landlord's claims regarding the state of the property at the end of the tenancy.
- The tenant did not challenge the amount claimed for carpet cleaning and rubbish removal.
- The tenant did not present any defense for the damage to the walls and ceilings.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was ordered to pay the landlord $1,031.76 from the bond for damages and cleaning costs.
What was the dispute about?
The dispute was about the condition of the rental property at the end of the tenancy, specifically the cleanliness and damage to the carpets.
How did the court decide, and why?
The court decided that the tenant was responsible for the damages and cleaning costs because the landlord provided photographic evidence showing that the carpets were stained and required commercial cleaning.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 49B were applied.
What was the argument that mattered most?
The most important argument was the photographic evidence provided by the landlord showing that the carpets were stained and required commercial cleaning.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that the rental property is left clean and in good condition at the end of the tenancy to avoid having to pay for damages and cleaning costs.
What evidence or documents mattered?
Photographic evidence showing the condition of the carpets mattered in this case.